Ruling on Rossport men is adjourned

Five men from Rossport, Co Mayo, will have to wait another two weeks to see if the High Court is to punish them for contempt …

Five men from Rossport, Co Mayo, will have to wait another two weeks to see if the High Court is to punish them for contempt of court after orders were made as a result of their protests over the installation of a high-pressure gas pipeline near their homes.

The five have already served 94 days in jail for refusing to obey a High Court order restraining interference with works linked to construction of the controversial pipeline by Shell E & P Ltd.

Philip and Vincent McGrath, Willie Corduff, Micheál Ó Seighin and Brendan Philbin were sent to prison for contempt of court last June, but were released last month after Shell applied to the court to lift the temporary injunction, which had restrained interference with the pipeline works.

However, while lifting the order committing the men to prison, the court adjourned to yesterday the issue of whether they should be punished further for contempt.

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President of the High Court Mr Justice Joseph Finnegan told the men yesterday that he would give his judgment in two weeks as to what sanction, if any, should now be imposed on the men for disobeying the court.

The judge reserved his decision after he heard submissions on behalf of the men arguing against the imposition of any further sanctions.

The men's families and supporters were in court yesterday to hear counsel argue that the men had already served a significant time in prison.

Lord Daniel Brennan QC, representing Mr Philbin, said it "would be stern justice and not humane justice" to impose a punitive sanction. The men were trapped by circumstances and, if their behaviour was wilful and disobedient, it could be explained by the circumstances.

There was an emotional reaction on behalf of the men and they thought themselves to be protecting their own land, he said.

Frank Callanan SC said further committal would be a draconian remedy.

The judge remarked that the men had not complied with a court order and their time in prison had nothing to do with punishment.